Volterra Semiconductor Corporation v. Primarion, Inc. et al

Filing 1498

STIPULATION AND ORDER REGARDING DISCLOSURE OF WITNESSES AND PROPOSED EXHIBITS. Signed by Judge Joseph C. Spero on 5/3/11. (klhS, COURT STAFF) (Filed on 5/3/2011)

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James W. Morando (State Bar No. 087896)
[e-mail]
Jeffrey M. Fisher (State Bar No. 155284)
[e-mail]
June T. Tai (State Bar No. 226997)
[e-mail]
Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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VOLTERRA SEMICONDUCTOR
CORPORATION, a Delaware corporation,

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Plaintiff,
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vs.
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PRIMARION, INC., a Delaware
corporation, INFINEON
TECHNOLOGIES AG, a German
corporation, and INFINEON
TECHNOLOGIES NORTH AMERICA
CORPORATION, a Delaware corporation,

Case No. CV-08-5129 JCS
STIPULATION AND [PROPOSED]
ORDER REGARDING DISCLOSURE OF
WITNESSES AND PROPOSED EXHIBITS
Dept.:
Judge:

Courtroom A, 15th Floor
Honorable Joseph C. Spero

Complaint Filed: November 12, 2008
Trial Date:
May 9, 2011

Defendants.

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AND RELATED COUNTERCLAIMS.
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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER RE
DISCLOSURE OF WITNESSES AND EXHIBITS/

Case No. CV-08-5129 JCS

23666\2597049.1

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Plaintiff Volterra Semiconductor Corporation and Defendants Primarion, Inc., Infineon

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Technologies North America Corp., and Infineon Technologies AG (collectively, the “Parties”),

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by and through their respective counsel, jointly stipulate as follows to clarify and confirm their

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understanding of subsection VI-M of the March 9, 2010 Case Management and Pretrial Order

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(Dkt. No. 711), which provides that:

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“[a]t the close of each trial day, all counsel shall exchange a list of witnesses for the next
two full court days and the exhibits that will be used during direct examination (other than
for impeachment of an adverse witness). Within 24 hours of such notice, all other counsel
shall provide any objections to such exhibits and shall provide a list of all exhibits to be
used with the same witness on cross-examination (other than for impeachment). The first
notice shall be exchanged prior to the first day of trial. All such notices shall be provided
in writing.”
The parties have further agreed to certain procedures to help facilitate the orderly
presentation and review of exhibits during trial as set forth more fully below.
The parties hereby stipulate as follows with respect to subsection VI-M of the March 9,
2010 Case Management and Pretrial Order:
1.

Subsection VI-M applies to all witness testimony, including those witnesses who

are to be presented by deposition testimony.
2.

Written disclosures prior to the first day of trial disclosures will be provided by

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6:00 p.m. on Friday May 6, with any related exhibit disclosures required due to the Friday

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disclosures required by 5:00 p.m. on Saturday May 7.

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3.

Regarding witnesses called after the first day of trial, the specific time deadline for

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such written disclosures shall be no later than 5:00 p.m. on the dates that they are due (i.e., 5:00

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p.m. two court days prior to the day a witness will be called on direct and 5:00 p.m. on the

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following day for objections and disclosures of exhibits for cross). For example, a witness to be

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called on direct on Wednesday would be identified on Monday and objections would be made on

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Tuesday. Notice by email will be sufficient. With respect to disclosures for witnesses to appear

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on Mondays, the deadline shall be extended to 5:00 p.m. on Friday with any related exhibit

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disclosures required due to the Friday disclosures required by 5:00 p.m. on Saturday. With

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respect to disclosures for witnesses to appear on Tuesdays, the deadline shall be extended to

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER RE
DISCLOSURE OF WITNESSES AND EXHIBITS/

Case No. CV-08-5129 JCS

-223666\2597049.1

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5:00 p.m. on Saturday with any related exhibit disclosures required due to the Saturday

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disclosures required by 5:00 p.m. on Sunday.

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4.

All exhibits to be used on direct or cross shall be identified by exhibit number as

reflected on the Joint Exhibit List and any demonstratives should be physically exchanged.
5.

Any exhibits or demonstratives not identified in accordance with the above-

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referenced procedures cannot be used with the witness on either direct or cross (other than those

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offered solely for impeachment purposes).

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6.

Counsel shall not over-designate potential exhibits in these disclosures, but shall

use their best efforts to identify only those documents they actually intend to use on direct or
cross (other than those offered solely for impeachment purposes).
7.

On the morning before start of the trial day for each witness expected to take the

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stand that day at trial, each side shall have prepared binders containing all exhibits they intend to

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use with the witness on direct or cross examination as previously identified in the written

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disclosures (other than for impeachment), which shall be provided to the other side and to the

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Court with an additional binder available for the witness when the witness is called to the stand.

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For ease of reference and to facilitate witness examination, such binders will separate each

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proposed exhibit by a tab with the same exhibit number as reflected on the Joint Exhibit List.

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IT IS SO STIPULATED.

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FARELLA BRAUN & MARTEL LLP

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Dated: May 2, 2011

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I represent that concurrence in the filing of this
document has been obtained from each of the
other signatories which shall serve in lieu of
their signatures on this document

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By:

/s/ Jeffrey M. Fisher
Jeffrey M. Fisher

Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR
CORPORATION

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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER RE
DISCLOSURE OF WITNESSES AND EXHIBITS/

Case No. CV-08-5129 JCS

-323666\2597049.1

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Dated: May 2, 2011
McDERMOTT WILL & EMERY LLP

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By:

/s/ Vera Elson
Vera Elson

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Attorneys for Defendants
PRIMARION, INC. and INFINEON
TECHNOLOGIES NORTH AMERICA
CORPORATION

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PURSUANT TO THE STIPULATION OF THE PARTIES, AND GOOD CAUSE
APPEARING, IT IS SO ORDERED

May 3,
Dated ________________2011

R NIA

UNIT
ED

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The HonorableJudge JosephSperooMagistrate Judge
Joseph C. Sper
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Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER RE
DISCLOSURE OF WITNESSES AND EXHIBITS/

Case No. CV-08-5129 JCS

-423666\2597049.1